CONTRACT OF CARRIAGE TABLE OF CONTENTS

Transcription

1 CONTRACT OF CARRIAGE TABLE OF CONTENTS (Updated 07/12/16) 1.1 DEFINITIONS RESERVATIONS CHANGES AND CANCELLATIONS FOR DOMESTIC TRAVEL TICKETS TICKET VALIDITY REFUNDS REFUNDABLE TICKETS NONREFUNDABLE TICKETS DELAYS OR INVOLUNTARY CANCELLATIONS DENIED BOARDING REFUSAL TO TRANSPORT UNACCOMPANIED MINORS INFANTS AND SMALL CHILDREN: CHILD RESTRAINT SYSTEMS CARRIAGE OF PASSENGERS WITH DISABILITIES SERVICE ANIMALS PET ANIMALS ACCEPTANCE OF BAGGAGE - GENERAL CHECKED BAGGAGE FREE CARRY-ON BAGGAGE CHECKED BAGGAGE CHARGES OVERWEIGHT CHARGE OVERSIZE CHARGE FRAGILE AND PERISHABLE ITEMS CONDITIONS FOR ACCEPTANCE OF SPECIAL ITEMS RESTRICTED ARTICLES BAGGAGE CLAIM LIMITS AND PROCEDURES SERVICE INTERRUPTIONS FAILURE TO OPERATE AS SCHEDULED DELAYED AND CANCELED FLIGHTS EXTENDED ONBOARD DELAYS DENIED BOARDING RESERVATIONS ON OTHER CARRIERS RIGHT TO CHANGE CONTRACT GROUND TRANSPORTATION GOVERNMENT LAWS AND REGULATIONS IMMIGRATION AND CUSTOMS REGULATIONS

2 CONTRACT OF CARRIAGE Domestic transportation by Peninsula Airways, Inc d/b/a PenAir (hereafter "Carrier") is subject to the following terms and conditions contained in this Contract of Carriage and, where applicable, also subject to treaties, government regulations, and tariffs on file with the Department of Transportation. By making a reservation or accepting transportation on Carrier, the passenger agrees to be bound by all of the following terms and conditions. This Contract applies to and governs only with respect to Carrier's routes. 1.1 DEFINITIONS Animals Emotional Support Animal or Psychiatric Service: An animal that is shown by appropriate documentation to be necessary for the emotional well-being of a Qualified Individual with a Disability or to provide necessary assistance to such person. Service Animal: An animal that is individually trained or is shown to have an innate ability to provide necessary assistance to a Qualified Individual with a Disability, or a trained animal that assists law enforcement officers in the search for contraband and/or other items, or which provides assistance with rescue efforts. Assistive Device: Any piece of equipment that assists a Qualified Individual with a Disability to cope with the effects of his or her disability. Such devices are intended to assist a Qualified Individual with a Disability to hear, see, communicate, maneuver, or perform other functions of daily life, and may include medical devices and medications. Baggage: All luggage and contents contained therein, such as articles, effects and other personal property of a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience of the Passenger in connection with the Passenger s trip. Unless otherwise specified, Baggage shall include both Checked Baggage and Unchecked Baggage such as suitcases, garment bags, tote bags, packages, camera and electronic bags, computer and equipment cases, and briefcases and similar articles whether carried by the Passenger in the cabin or carried in the aircraft cargo compartments. Carriage: The transportation of passengers and/or baggage by air, together with any related services of Carrier in connection with such transportation. Carrier: Peninsula Airways, Inc. d/b/a Peninsula Airways, and/or d/b/a PenAir. Convention: Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, May 28, 1999 ("Montreal Convention"). Cabin-Seat Baggage: Carry-On Baggage that, due to its size and nature, requires the purchase of a seat on board the aircraft to transport the piece of Baggage. Child: A person who has reached his/her second birthday but not his/her 13th birthday as of the date of commencement of travel. Credit: A Credit in a specified dollar amount valid for one (1) year from the date of issuance. A Credit must be used for travel booked and flown within one (1) year from date of issuance. Credits are nontransferable unless otherwise stated herein. 2

3 Force Majeure Event: Any event outside Carrier s control, which includes, but is not limited to, weather conditions and meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption; acts of government or airport authorities (e.g., air traffic control delays, runway closures, airport construction); acts of God; U.S. military or airlift emergency or substantially expanded U.S. military airlift requirements, as determined by the U.S. government; grounding of a substantial number of aircraft as a result of activation of the U.S. Civil Reserve Air Fleet; strikes, work stoppages, slowdowns, lockouts or any other labor unrest or disputes involving or affecting Carrier s service; civil commotions, disturbances or potentially volatile conditions, riots, embargoes, wars or other hostilities, whether actual, threatened, or reported; government regulation, demand or requirement; damage to aircraft caused by a third party; mechanical difficulties by entities other than PenAir; inability to obtain fuel, airport gates, labor or landing facilities for the flight in question; an emergency situation requiring care, protection or response to protect persons or property; or any event that is not reasonably foreseen, predicted or anticipated by Carrier. Infant: A person who has not reached his/her second birthday as of the date of commencement of travel. Interline or Interline Transportation: Carriage on the air transportation services of more than one Carrier where Carriers agree to accept each other s Tickets and Baggage. Passenger: Any person, except members of the crew working on the flight, carried or holding a Confirmed Reservation to be carried in an aircraft with the consent of the Carrier and who is bound by this Contract of Carriage. Qualified Individual with a Disability: An individual with a disability who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or Is regarded as having such an impairment, as further defined in Department of Transportation regulations in 14 CFR Part With respect to accompanying or meeting a traveler, use of ground transportation, using terminal facilities, or obtaining information about schedules, fares or policies, takes those actions necessary to avail himself or herself of facilities or services offered by Carrier to the general public, with reasonable accommodations, as needed, provided by Carrier; With respect to obtaining a reservation for air transportation on Carrier, offers or makes a good faith attempt to offer to purchase or otherwise to validly obtain a reservation; with respect to obtaining air transportation on other services or accommodations required by Department of Transportation regulations in 14 CFR Part 382. Standby Passengers: Passengers who will be enplaned on a flight subject to availability of space at departure time and only after all Passengers having a confirmed reservation for such flight and all Passengers without reservations but paying fares other than Adult standby fares, have been enplaned on such flight. Stopover: A deliberate or intentional interruption of a journey by a Passenger, agreed to in advance by PenAir, scheduled to exceed four (4) hours at a point between the place of departure and the place of destination. Ticket: The record of agreement, including electronic Tickets or e-tickets, for Passenger air transportation provided by PenAir under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations and this Contract of Carriage. An e-ticket is the record of the Ticket agreement maintained and processed within PenAir s or other Carrier s electronic reservation system. A receipt is provided to the purchaser of the Ticket that contains an alpha-numeric reference number for retrieving the record within PenAir s or other Carrier s reservation system and summary of the Ticket information. PenAir or other Carrier may require the 3

4 issuance of an e-ticket, regardless of market, Carrier, form of payment, or customer type. The Ticket constitutes Passenger s evidence of their Contract of Carriage with Carrier. Unaccompanied Minor: A Child/Minor of 5 to 17 years of age when traveling alone or not accompanied on the same flight and in the same compartment by a companion Passenger of at least 18 years of age or with a legal guardian or parent. Warsaw Convention: The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague, September 28, RESERVATIONS A. All reservations on carrier are confirmed and delivered electronically. B. No person shall be entitled to transportation without a valid, confirmed reservation. C. No reservation shall be considered confirmed until payment in full has been received. D. Carrier may offer non-refundable and/or refundable reservations for any given flight. E. All reservations are non-transferable and non-assignable. Reservations may only be used by the passenger named on the reservation at the time the reservation is made. F. Carrier reserves the right to refuse carriage to any person who has acquired a reservation in violation of applicable law or carrier's rules and regulations. G. PenAir does not guarantee allocation of any particular space in the aircraft. Seat assignments, regardless of class of service, are not guaranteed and are subject to change without notice. PenAir reserves the right to reseat a passenger for any reason CHANGES AND CANCELLATIONS 1. Reservations may be changed up to the scheduled departure time for a $100, change fee plus any applicable fare change. 2. For travel to the same destination, passengers may change their reservation to standby travel on any flight departing the same day as their original departure without a change fee but will be responsible for paying any fares differences due to traveling in a different class of service. 3. PenAir reserves the right to cancel a reservation (whether or not confirmed) and seat assignment of any Passenger whenever necessary to comply with any governmental regulation or request for emergency transportation in connection with the national defense, or whenever necessary or advisable by reason of a Force Majeure Event. 4. PenAir reserves the right to cancel a reservation (whether or not confirmed) due to the Passenger s failure to comply with the rules set forth in this Contract of Carriage, including, but not limited to, the Passenger s failure to pay for the applicable Ticket under the conditions applicable to the fare for such travel FOR DOMESTIC TRAVEL 1. Passengers traveling without checked baggage must obtain boarding pass forty (40) minutes prior to scheduled departure; 2. Passengers traveling with checked baggage must obtain a boarding pass forty (60) minutes prior to scheduled departure; and 3. All passengers must be present in the boarding gate area forty (40) minutes prior to scheduled or posted aircraft departure time. 4

5 3.1 TICKETS No person shall be entitled to transportation except upon presentation of a valid ticket. Such ticket shall entitle the passenger to transportation only between points of origin and destination and via the routing designated thereon. Flight coupons will be honored only in the order in which they are issued and only if all unused flight coupons and passenger coupons are presented together. A ticket which has not been validated, or which has been altered, mutilated or improperly issued, shall not be valid. The purchaser of the ticket is considered to be the owner of the ticket. If the purchaser cannot be determined, the traveler whose name is on the ticket is assumed to be the purchaser. Tickets are not transferable but PenAir is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person TICKET VALIDITY 1. If a refundable ticket is not used for the flights and dates purchased, the value of the ticket, less any applicable fees, can be applied towards the purchase of another ticket, within one year from the date of issue as indicated on the ticket. 2. All travel must be completed within one year from original date of ticket issuance. 3. All tickets will expire within one year of original date of ticket issuance. 4. Unless otherwise specifically provided by the governing fare tariff, wholly unused nonrefundable tickets are valid and may be changed for one year from the date of issue, provided the customer has notified PenAir on or before the scheduled departure date if they do not plan to fly as ticketed due to a voluntary change, subject to any applicable fees. 5. Partially used nonrefundable tickets are valid for one year from the date of issue, provided any voluntary changes are made and the ticket reissued on or before the scheduled date of departure, subject to any applicable fees. 6. All travel must be completed within one year from original date of ticket issuance for both partially and wholly unused nonrefundable tickets. 7. Except as stated above, all nonrefundable tickets have no further value once the scheduled date of departure for any ticketed segment has passed and the customer has failed to travel on such ticketed segment, other than due to an over sale, a cancellation, or delay of the ticketed flight by the carrier. All un-flown segments of such tickets are invalid and may not be applied toward the purchase of another ticket. 8. PenAir will exercise reasonable efforts to ensure that all fares it publishes are accurate and available for sale, but PenAir reserves the right to correct any erroneously published fare that PenAir did not intend to offer for sale, including $0 fares, errant discount code and other unintended offerings. 9. A Passenger may exclusively occupy two adjacent seats on any PenAir flight upon advance arrangement and payment of two applicable fares for the flight or flights on which two seats will be used and before travel on the first ticketed Segment, or if determined necessary by PenAir, and subject to space availability. The second seat will be purchased at the same fare paid for the first seat. A Ticket will be issued for each seat. Passengers who are unable to lower both armrests and/or who encroach upon any portion of the adjacent seat should book the number of seats needed prior to travel. Baggage allowance: Standard Checked Baggage charges and waivers apply for each Ticket purchased; standard Carry-on Baggage allowance applies per person, not per Ticket. 10. Fares apply for travel only between the points for which they are published. Tickets may not be purchased and used at fare(s) from an initial departure point on the Ticket which is before the Passenger's actual point of origin of travel or to a more distant point(s) than the Passenger's actual destination being traveled, even when the purchase and use of such Tickets would produce a lower fare. This practice is known as Hidden Cities Ticketing or 5

6 4.1 REFUNDS Beyond Point Ticketing and is prohibited by PenAir. 11. Reissuing a nonrefundable Ticket and applying the value of the existing Ticket towards the creation of two or more new Tickets is prohibited by PenAir. A nonrefundable Ticket may only be reissued on a one-for-one basis. Any residual value to the existing Ticket may be issued as a Credit certificate if the applicable fare rules allow Refunds by PenAir for an unused Ticket or portion thereof will be made in accordance with the following conditions. The fare paid for unused travel by Passengers who purchase a fully refundable, unrestricted Ticket/Document, including taxes, security fees, and Passenger Facility Charges, may, for any reason, be refunded. Such refund must be requested within the Ticket s eligibility period. Refund will not be honored after the Ticket s expiration date REFUNDABLE TICKETS The fare paid for unused tickets by passengers who purchase fully refundable, unrestricted tickets may, for any reason and upon surrender of the unused ticket or unused portion thereof, or with the ticketless travel confirmation number and proof of purchase sufficient to Carrier, either be refunded or applied toward the purchase of future travel, provided that such refund or credit is requested within one (1) year from the date of ticket issuance. Carrier will make eligible refunds according to the original form of payment when possible. Refund or credit requests will not be honored after one year from the original issue date of the ticket NONREFUNDABLE TICKETS Passengers who purchase restricted, nonrefundable tickets are not eligible for refunds. Unless otherwise specifically stated on the ticket, in the travel agreement with Carrier, or by an employee or agent of Carrier when reservations are booked, confirmed, or ticketed, the fare paid for unused nonrefundable tickets, upon surrender of the unused ticket or portion thereof, or with the electronic travel confirmation number and proof of purchase sufficient to Carrier, may be applied toward the purchase of future travel, without penalty, provided that travel is completed within (1) year after the original issue date of the ticket. The fare for the new ticket(s), however, may be greater and/or the new ticket(s) may be subject to different terms, conditions, or restrictions than the original ticket. Persons requesting a refund must surrender to PenAir all unused flight coupon(s) of the Ticket or document. Any tax or other charge that is imposed by a government authority and required to be collected from a Passenger will be in addition to the published fare. Such taxes and other government-imposed charges are refundable only if the purchased fare is itself refundable. PenAir shall make eligible refunds in the same form as the original payment. Refunds for Tickets purchased with a credit card shall be processed for crediting to the same credit card account no later than seven (7) business days from the date the refund request is received by PenAir. Refunds for Tickets purchased with cash will be issued by check no later than twenty (20) business days after the refund request is received by PenAir. Time Limitation for Refund Requests: Refunds will not apply for Tickets presented later than one (1) year from the date of issuance of the original Ticket DELAYS OR INVOLUNTARY CANCELLATIONS If a passenger's scheduled transportation is cancelled, terminated, or delayed before the passenger has reached his or her final destination as a result of a flight cancellation, missed 6

7 connection, flight delay, or omission of a scheduled stop, Carrier will, at the passenger's option, (1) either transport the passenger at no additional charge on another PenAir flight, or (2) another carrier's flight with whom PenAir holds an electronic interline ticketing agreement, on which space is available, or, (3) upon surrender of the passenger's unused ticket or portion thereof, refund the fare for the unused transportation, or provide a credit for such amount toward purchase of future travel DENIED BOARDING If Carrier denies boarding or removes a passenger from an aircraft under conditions described in this contract, Carrier will, upon surrender of the passenger's unused ticket or portion thereof, refund the fare paid for the unused ticket or portion thereof. 5.1 REFUSAL TO TRANSPORT The following passengers will be refused transportation on Carrier: 1. Passengers whose transportation on Carrier must be denied in order to comply with any government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense. 2. Passengers whose transportation on Carrier is reasonably deemed by Carrier to be inadvisable or inappropriate due to special circumstances or concerns beyond the control of Carrier, including without limitation weather conditions, acts of God, force majeure, strikes, civil commotions, embargoes, and wars or other hostilities, whether actual, threatened or reported. 3. Passengers who refuse to permit a search of his or her person or property for explosives or for concealed, deadly or dangerous weapons, or other prohibited articles, or who refuse on request to produce positive identification. 4. Passengers requiring medical oxygen for use on board the aircraft, incubators or hookups for a respirator to the aircraft electrical power supply, or persons who must travel on a stretcher. 5. A Qualified Disabled Individual pursuant to 14 CFR Part 382 whose carriage may impair the safety of the flight or violate Federal Aviation Regulations. Carrier may require that a qualified disabled individual be accompanied by an attendant as a condition of being provided air transportation under the following circumstances: a. A person who, because of a mental disability, is unable to comprehend or respond accordingly to safety instructions from Carrier personnel, including the safety briefing required by 14 CFR Parts (a) (3) and (a) (4). b. A person with mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft. c. A person who has both severe hearing and severe vision impairments, if the person cannot establish some means of communication with Carrier personnel adequate to permit transmission of the safety briefing required by 14 CFR Parts (a) (3) and (a) (4). 6. If the carrier determines that a person meeting the criteria of paragraph 5 (a), (b) or (c) of this section must travel with an attendant, contrary to the individual's self-assessment that he or she is capable of traveling independently, Carrier will not charge for the transportation of the attendant while accompanying a qualified disabled passenger requiring an attendant at the carrier discretion. a. If, because there is not a seat available on a flight for an attendant whom Carrier has determined to be necessary, a disabled person with a confirmed reservation is unable to travel on the flight, the disabled person will be eligible for denied boarding compensation under section of this Contract. b. For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the disabled person. 7. Comfort and Safety: In the following categories where refusal or removal may be necessary 7

8 for the comfort or safety of the passengers: a. Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating or violent; b. Persons who are barefoot and over five years old; c. Persons who are unable to sit in the seat in the full upright position with the seat belt fastened; d. Carrier at its sole discretion may require passengers unable to occupy a single seat to purchase a second seat; e. Persons who appear to be intoxicated or under the influence of drugs; f. Persons who are known to have a contagious disease; g. Persons who refuse to comply with instructions given by Station Management, Supervisory personnel, or Uniformed Flight Crew Members prohibiting the solicitation of items for sale or purchase, including airline tickets, passes, or travel award certificates; h. Persons who have an offensive odor, except where such condition is the result of a qualified disability; i. Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that Carrier will carry passengers who meet the qualifications and conditions established in FAR ; j. Manacled persons in the custody of law enforcement personnel; persons brought to the airport in manacles; persons who have resisted escorts; or escorted persons who express to Carrier personnel objection to the flight; k. Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition is unacceptable for passage; l. Pregnant passengers expecting to deliver within seven days, unless such passenger provides a doctors certificate dated no more than 72 hours prior to departure stating that the Doctor has examined and found the passenger to be physically fit for air travel to and from the destination requested on the date of the flight and that the estimated date of delivery is after the date of the last flight; m. Passengers who are unwilling or unable to abide by Carrier no-smoking rules; n. Carrier will not refuse to provide transportation to a Qualified Disabled Individual solely because the person's disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers; o. Carrier will not provide certain extensive in-flight special services including, but not limited to, assistance in actual eating, assistance within the restroom, or assistance at the passenger's seat with elimination functions, or provision of medical services; p. The tickets of any passenger refused passage or removed en route under the provisions of this section will be refunded. Such a refund shall be the sole recourse of any passenger refused passage or removed en route. UNDER NO CIRCUMSTANCES WILL CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. 6.1 UNACCOMPANIED MINORS A. Carrier will not allow any child under the age of 5 years to travel on any flight unless accompanied by a passenger 18 years of age or older. B. Unaccompanied children ages 5 through 12 will be accepted by Carrier provided the child has a confirmed reservation, and the flight on which he/she travels does not require a change of aircraft or flight number. The child will not be accepted if the flight on which the child holds a reservation is anticipated to terminate short of, or bypass, the child's destination. The parent or responsible adult who brings an unaccompanied child to the airport of departure will be required to remain with the 8

9 child until flight departure. The parent or responsible adult must furnish Carrier in writing (a duplicate of which must be in the child's possession) evidence that the child will be met by another parent or responsible adult upon deplaning at his/her destination. The person meeting the child at his/her destination will be required to present positive identification and sign a release on a form designated by Carrier. C. Passengers 18 years of age and over are considered adults for purposes of this Section INFANTS AND SMALL CHILDREN: CHILD RESTRAINT SYSTEMS A. Carrier encourages all adults traveling with children under the age of 2 to secure the child in an approved car seat in the child's own, purchased seat. A paying adult passenger may carry, free of charge, on his or her lap, one child over 3 days and under 2 years of age. Carrier reserves the right to request proof of age (e.g. passport, birth certificate or immunization record) before accepting infant for travel as a lap child. Infants between 3 and 14 days old must have written approval from their attending physician to travel. Carrier does not reserve a seat for such children unless a separate reservation is purchased at the regular applicable fare; B. If space is available after boarding or if a separate reservation has been made for the child over 3 days and under 2 years of age, the child may travel in a separate seat, provided that the child must be securely placed in an FAA-approved child restraint system (car seat) that conforms to the following guidelines: 1. Child booster seats, loop belts (belly belts), inflatable devices, or vest-and-harness-type devices cannot be used onboard aircraft unless they have been approved by the FAA through a Type Certificate (TC), Supplemental Type Certificate (STC), Technical Standard Order (TSO), or under FAR (d). 2. The child restraint system must bear a label or markings showing FAA approval. 7.1 CARRIAGE OF PASSENGERS WITH DISABILITIES A. Carrier will transport qualified individuals with a disability in accordance with the requirements of the U.S. Department of Transportation regulations, 14 CFR 382, unless the Carriage of such individuals may impair the safety of the flight or violate Federal Aviation Regulations. Pursuant to 14 CFR , the Carrier will not provide certain extensive inflight special services such as assistance in eating, assistance with elimination functions in the lavatory or at the passenger's seat, or provision of medical services. Carrier may require, at its sole discretion, pursuant to 14 CFR , that a qualified individual with a disability be accompanied by a safety assistant as a condition of being provided air transportation in the following circumstances: 1. When the passenger is unable to comprehend or respond appropriately to safety instructions from Carrier, including the safety briefing required by 14 CFR (a)(3) and (a)(4) because of a mental disability; 2. When the passenger has a mobility impairment so severe that the passenger is unable to assist in his or her own emergency evacuation of the aircraft; or 3. When the passenger has both severe hearing and severe vision impairments that prevent the passenger from establishing a means of communication with Carrier in order to permit transmission of the safety briefing required by 14 CFR (a) (3) and (a) (4). B. If Carrier determines, in its sole discretion, that an individual meeting the criteria above must travel with a safety assistant and the individual disagrees and believes he is capable of traveling independently, Carrier will not charge the individual for Carriage of a safety assistant of the Carrier's choosing. If a seat is not available for the safety assistant and the individual with a disability is unable to travel on the flight, the individual will be eligible for denied boarding compensation. For purposes of determining whether a seat is available, the safety assistant shall be deemed to have 9

10 checked in at the same time as the individual with the disability. C. Assistive Devices - Mobility and other assistive devices used by a Qualified Individual with a disability may be carried in the aircraft cabin in addition to the carryon baggage allowance. If necessary due to the passenger's disability, Carrier will provide assistance in loading, stowing, and retrieving carryon items, including assistive devices. If the device cannot be carried in the passenger cabin in accordance with FAA regulations, the device will be checked and carried free of charge in addition to the baggage allowance. No oversize or excess weight charges will be assessed. Assistive devices not for the personal use of the passenger will be conditionally accepted for an overweight/oversized baggage charge. D. Limitation of Liability - Carrier's liability with respect to damage to or loss of mobility and other assistive devices shall not exceed the documented original purchase price of the assistive device pursuant to 14 CFR Carrier will also compensate the passenger for other reasonable expenses incurred as a direct result of the loss of, damage to, or delayed delivery of the mobility or assistive device. 8.1 SERVICE ANIMALS A. PenAir will permit dogs and other service animals to accompany a person with a disability in the cabin. A service animal is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. PenAir may request identification or other evidence that an animal is a service or emotional support animal. B. Identification of emotional support animals must be provided by a mental health professional. The service animal may accompany the customer in the same seat as the customer, unless the animal obstructs an aisle or another customer's emergency exit pathway. There is no charge for the transportation of a service animal accompanying a customer with a disability. PenAir will also transport, at no charge, dogs trained in explosive detection or search and rescue when accompanied by a law enforcement official or rescue team member. The dog may accompany the handler in the cabin but is not permitted to occupy a seat. C. Qualified Individual with a Disability may travel with an Emotional Support Animal or Psychiatric Service Animal in the cabin for Domestic Carriage if certain documentation requirements are met. Prior to boarding, the Passenger must present documentation to a PenAir employee. Documentation must be current (i.e. not older than one year from the date of the Passenger's scheduled initial flight) and on the letterhead of a licensed mental health professional, medical doctor, or licensed clinical social worker who is treating the Passenger's mental or emotional-health related disability. D. Documentation must state: 1. The Passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM 5). 2. The Passenger needs the Emotional Support Animal or Psychiatric Service Animal as an accommodation for air travel and/or for activity at the Passenger's destination. 3. The individual providing the assessment is a licensed mental health professional and the Passenger is under his or her professional care. 4. The date and type of the mental health professional's or medical doctor's license and the state or other jurisdiction in which it was issued. 5. PenAir reserves the right to authenticate any documentation presented. 10

11 9.1 PET ANIMALS A. PenAir does accept animals for shipment in the cargo hold on Saab aircraft solely in the state of Alaska. Maximum kennel size accepted for all PenAir flights 40L X 27W X 30H. B. PenAir will accept for an extra charge, small dogs, small domestic cats, small household birds and household tropical fish for transportation in the customer cabin under the following conditions: 1. Reservations are made at least 24 hours before departure. 2. The animal is harmless, inoffensive, and odorless and requires no attention during transit. 3. The container must be approved by PenAir and able to fit underneath the seat in front of the customer traveling with the animal. (Maximum container size-16" length x 16" width x 9" height.) 4. One pet per customer and container is permitted, and the pet cannot be removed from the container during transit. In the event the animal becomes offensive or causes a disturbance during transit, the owner will be asked to deplane with the pet at the first en route stop. C. PenAir assumes no responsibility for the impaired health or death of the animal. D. Animals will be accepted for Carriage on PenAir flights in Alaska. Passengers connecting to another Carrier must collect the animal from PenAir at the Connection city and recheck the animal with the other Carrier. Exception if connecting to Alaska Airlines flight animal will be transferred. If there is more than a 4-hour Connection for an animal in the cargo hold (AVIH), the animal must be short checked from point to point. Passengers have the option to check their animal point-to-point with a 2-hour Connection. E. Advance arrangements must be made. Space must be reserved for animals in either the Passenger or cargo compartment. Animals without reserved space will be accepted, if space is available, only after the animals for whom space has been reserved have been accommodated. The pet fare is per kennel must be collected prior to flight, is nonrefundable, and may not be applied toward future travel if unused. Passengers traveling with an animal must check the animal in at the airport Ticket counter before proceeding to the departure gate. F. If the animal is not called for within 6 hours after flight arrival, the animal will be placed in a local kennel at the Passenger's expense. An animal that is unclaimed by its owner or its owner s agent for a period of more than ten (10) days after the scheduled Carriage has occurred or was to occur, shall be deemed abandoned and may be turned over to a local animal shelter or pound or otherwise handled as Alaska may deem proper without any liability to Alaska. Any costs associated with reuniting an animal deemed abandoned with its owner or owner s agent shall be borne solely by the owner or owner s agent ACCEPTANCE OF BAGGAGE - GENERAL PenAir will accept for transportation as baggage such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the customer for the purpose of the trip. All baggage, checked or carry-on, is subject to inspection including but not limited to electronic search and hand search. A. PenAir will check baggage which is tendered by a customer and which is acceptable upon presentation by a customer of a valid ticket subject to the following conditions: 1. Baggage must be checked at the airport in advance of flight departure. 2. The customer's name must appear on the baggage. B. Baggage will only be checked to: 1. The customer's next airport of stop-over or, if there is no stop-over, to the final destination designated on the ticket, or 2. An airport at which the customer is to transfer to a connecting flight, if that flight is scheduled to depart from an airport different from the one at which the customer is scheduled to arrive. C. PenAir will not accept or transport any baggage if the customer refuses to submit for inspection. 11

12 PenAir may refuse to transport baggage on any flight other than the one carrying the customer. D. PenAir may refuse to transport baggage that connects to any carrier with whom PenAir does not have a current electronic interline ticketing and baggage agreement. E. Minimum Times for Checked Baggage: PenAir may refuse to accept any article of Checked Baggage that has not been presented, checked in, and processed at least sixty (60) minutes prior to scheduled departure time. Baggage checked in less than sixty (60) minutes prior to a flight s scheduled departure time may be accepted and PenAir will make reasonable efforts, but cannot guarantee, to transport such Baggage on the Passenger s flight(s). PenAir will not assume responsibility for delivery charges if such Baggage arrives at the Passenger s destination on a subsequent flight. F. PenAir will accept Checked Baggage up to four (4) hours prior to scheduled departure time. Exception: Ticket counters which open less than four (4) hours prior to departure will accept bags when the Ticket counter opens. G. The Passenger's name, address, and telephone number must appear on the Baggage. PenAir will supply free Baggage identification labels. H. PenAir will issue (for identification purposes only) a Baggage Claim Tag for each piece of Baggage so delivered and covered by the Baggage Check. All Checked Baggage must be properly packed in suitcases or similar containers in order to ensure safe Carriage with ordinary care in handling CHECKED BAGGAGE A. Checked baggage cannot exceed a weight of 50 pounds and dimensions of 62 inches in overall length, width, and height. Checked baggage exceeding the maximum quantity, weight, or size will be subject to additional fees/charges. B. An extra charge applies for additional, overweight, and/or oversized pieces. In no event will PenAir accept baggage that weighs more than 100 pounds and/or baggage with combined dimensions exceeding 115 inches. Special items such as pets, surfboards, bicycles, scuba equipment, etc. are not included in the customer's free baggage allowance and are subject to an extra charge. C. Carry-on baggage is limited to one piece per customer, plus a personal item. Small personal items must be smaller than carry-on items, and consist of articles such as purses, briefcases, laptops, camera with case, small daypacks, infant bags, etc. Carry-on baggage allowance may be restricted due to lack of space FREE CARRY-ON BAGGAGE When Baggage is carried on-board the aircraft, it MUST be of a size and shape to allow for storage in the aircraft overhead compartments, or underneath the seat in front of the passenger. Overhead compartments have limited space to store a coat, small backpack, purse, infant diaper bag, or reading material. Underneath space is limited to a small carry-on item NOT TO EXCEED 16"L x 16"W x 9"H, max 25lbs. Baggage not meeting these specifications must be transported as checked baggage. All items not needed in-flight should be checked. Passengers should carry-on medicine, keys, important papers, and travel documents (passport). All items brought onboard count toward the carry-on and personal item piece limit except the following: Coats, hats, umbrellas Reasonable amount of reading material 12

13 Infant/child safety seats, strollers (based on space availability; space guaranteed only with the purchase of a ticket for the infant) Mobility/Medical assistive devices such as wheelchairs, canes, crutches, continuous positive airway pressure (CPAP) machines, portable oxygen generator/concentrator (POC) etc. Service Animals, including properly documented emotional support animals Food for immediate consumption A pillow for personal use CHECKED BAGGAGE CHARGES Baggage exceeding the free carry-on baggage allowance shall be checked and will be accepted for transportation (subject to aircraft load conditions) only upon payment of the following charges. Charges are assessed to the destination or first stopover of 12 hours or more. Checked baggage charges must be paid again by passengers who continue their journey and check bags after a stopover of 12 hours or more. If a piece of checked baggage falls into more than one charge category (e.g. checked baggage, overweight and/or oversize), only the greater of the charges shall apply. Due to limited aircraft size, limited cargo hold capacity and restricted gross take-off weights on PenAir flights, oversized and/or overweight baggage presented or transferred at departure time without a prearranged reservation for space may travel on a space-available basis. When PenAir checked baggage rules apply, the following shall apply: Checked Baggage Charges 1 st $25 USD 2 nd $25 USD 3 rd $75 USD 4 th plus $75 USD Exception: Passengers whose entire ticket and itinerary are wholly within the state of Alaska. Exception 1 Baggage Piece 1 st Free 2 nd $25 USD 3 rd $50 USD 4 th $75 USD Exception 2 Charges for active duty U.S. military (with active duty U.S. military ID) 1 st Free 2 nd Free 3 rd Free 4 th plus $50 USD Active duty military personnel traveling for personal travel may check 2 bags (up to 50lbs each) free of charge. 13

14 Active duty military personnel and dependents traveling on military orders may check 2 bags (up to 70lbs each) free of charge. Excess bag or overweight/oversize bag fees will apply outside of the policies above OVERWEIGHT CHARGE Checked baggage including baggage accepted free of charge may not exceed 50 pounds without incurring an overweight charge. For each piece over the maximum weight allowed the charge shall be as follows. If the piece: Weighs Charges per Piece $75 USD OVERSIZE CHARGE Checked baggage may not exceed 62 linear inches without incurring an oversize charge. For each piece over the maximum sized allowed the charge shall be as follows: Maximum outside Linear Dimensions are: in. $75 USD FRAGILE AND PERISHABLE ITEMS A. PenAir will refuse to accept property for transportation that is not suitably packaged to withstand ordinary handling that is of a size, weight, or character which renders it unsuitable for transportation on the particular aircraft to be used, or that cannot be accommodated without harming or annoying customers. B. Fragile and perishable items (see examples below) may be accepted if appropriately packaged in an original factory-sealed carton, mailing tube, container or case designed for shipping such items or packed with airline-approved, protective material. However, fragile items without appropriate packaging may, at the sole discretion of PenAir be accepted upon the execution of a release form furnished by PenAir releasing PenAir from liability for damage to, loss or spoilage of contents, or delay in delivery resulting in damage to, loss or spoilage of such items. C. Examples of fragile and perishable items: glass, plastic, artistic items, pottery, wood, electronic mechanical devices, including computers with or without carrying case, flimsy garment bags, liquids, musical instruments, papers, food, plants, flowers, photographic equipment, toys and unsuitably protected recreational and sporting goods CONDITIONS FOR ACCEPTANCE OF SPECIAL ITEMS A. The following are special items that will be accepted as checked or carry-on baggage, subject to specified conditions and payment of charges when applicable: 1. Firearms: In accordance with Federal law, a customer who presents baggage containing a firearm must sign a declaration that the firearm is unloaded and placed in a suitable locked, hard-sided container before such baggage will be checked. Ammunition must be securely packed in durable fiber, wood or metal boxes or in the manufacturer's original package. Additional restrictions may apply for international travel. 2. Child Restraint Systems: A child restraint system will be accepted for transportation in the customer cabin only if the restraint system can be stowed beneath the seat or in an approved overhead compartment; or when an additional seat is reserved for the infant, a ticket is purchased, and the restraint system can be properly secured by the seat belt. The infant may not be secured in the restraint system during ground movement, takeoff, landing, or any other time when the "Fasten Seat Belt" sign is on, unless such restraint 14

15 system is government approved. 3. Seat Baggage: When determined acceptable by PenAir an item of baggage may occupy a seat (selected by PenAir), providing the customer accompanies the property, the item meets specified dimensions, can be properly secured by the seat belt, reservations are made, and the applicable fare is paid. 4. Wheelchairs and Wheelchair Batteries: Carrier will accept wheelchairs, whether manually operated or battery operated, as checked baggage on the same flight as the passenger who uses the device. a. Carrier will accept additional wheelchair batteries, crutches, braces, or other prosthetic devices on the same flight. b. Carrier will accept battery-powered wheelchairs with the battery attached if the battery is labeled by the manufacturer as non-spill able RESTRICTED ARTICLES 5. Medical Equipment and Supplies: Carrier will accept personal respirators / ventilators containing non-spill able batteries that meet the requirements of 49 CFR (d) 6. PenAir will accept POC devices as long as one of the following criteria are met: 7. Beginning August 22, 2016, the device must bear a label containing the following certification statement in red lettering: The manufacturer of this POC has determined this device conforms to all applicable FAA acceptance criteria for POC carriage and use on board aircraft. Ventilators, respirators and CPAP machines are devices used to assist breathing. 8. Respiratory devices may be used during all times provided they have a sticker label or engraving stating the device has been tested in accordance with RTCA/DO-160, Section 21, Category M. 9. Must be powered by internal self-contained non-spillable battery source and are not allowed to be connected to the aircraft power source at any time. 10. The passenger is responsible for traveling with a sufficient supply of batteries to last the entire journey, per the user's oxygen requirements, including all ground time (between connections), the duration of the flight and possible unexpected delays. All batteries must be transported in carry-on baggage (not permitted in checked baggage) and must be packaged in a manner that protects them from physical damage and short circuits (units with recessed battery terminals or units packaged so that the battery terminals will not contact other metal objects). 11. Failure to meet the requirements will result in denied use of the POC during travel. Passengers planning on traveling with POCs are responsible for advising PenAir as soon as reservations are confirmed, regardless of whether the reservations were made through a travel agent, on the internet or directly with PenAir, in order to confirm specific requirements and to provide PenAir with required information. A. The following articles are classified as hazardous and must not be carried in baggage: compressed gases, to include oxygen, corrosives (such as acids and wet batteries), explosives (such as fireworks and munitions), flammables (such as matches and lighter fuels), poisons, magnetic and radioactive materials and all other items restricted by government regulations. B. Certain articles are considered dangerous and are not permitted beyond the security screening checkpoint. These items include, but are not limited to, weapons, cutting instruments of any kind, ice picks, and straight razors, metal scissors with pointed tips, metal nail files, corkscrews, baseball bats, golf clubs, pool cues, ski poles, and hockey sticks. PenAir assumes no liability for items lost, damaged, or confiscated as a result of security screening. 15

16 13.1 BAGGAGE CLAIM LIMITS AND PROCEDURES A. Each ticketed passenger traveling on a U.S. domestic trip is covered to a maximum of $1250 for damage or loss to non-excluded items checked on a PenAir flight or to a maximum of $3500 if connecting to another carrier on the same ticket. B. For most international travel (including domestic portions of international journeys), liability for loss, delay, or damage to baggage is limited to $9.07 per pound ($20 per kilo) for checked baggage and $400 per customer for unchecked baggage in the custody / control of the carrier. For international travel, the weight of each piece of checked baggage will establish the carrier liability limit; maximum liability, unless excess weight is noted and additional charges paid, is limited to carrier free weight allowance. C. Unless protection is purchased (excess valuation), PenAir assumes no liability for valuable / commercial items, including but not limited to: money, negotiable papers, securities, irreplaceable business documents, books, manuscripts, publications, photographic or electronic equipment, musical instruments, jewelry, silverware, precious metals, furs, antiques, artifacts, paintings, and other works of art, lifesaving medication and samples. D. No action shall be maintained for any loss, damage, or delay of checked baggage, unless notice is given in writing to the airlines involved within 45 days (21 days international) from the date of incident and unless the action is commenced within two years from the date of the incident. E. When PenAir has exercised the ordinary standard of care, it shall not be liable for delay in delivery of any perishables, or for damage to or damage caused by fragile items, liquids, or perishables which are unsuitably packed and which are included in a customer's checked baggage, with or without PenAir knowledge. PenAir may allow a customer to check fragile and/or perishable items that are unsuitably packed upon the execution of a Limited Liability Release Baggage Tag. F. PenAir assumes no liability for damage such as scratches, scuffs, dents, stains, cuts, and damage to wheels and retractable handles which results from normal wear and tear. G. When transportation is via PenAir and one or more airlines with different limitations of liability, the lowest maximum baggage liability limit will apply. When responsibility for loss, damage or delay cannot be determined in interline travel, PenAir will not be liable for the other airlines excluded items. H. Excess Valuation: Baggage liability is limited to those amounts set forth in the above terms, unless an additional charge is paid. The excess valuation charges and maximum value allowed can be obtained from any PenAir ticket office. The additional protection (excess valuation) is not available for fragile or perishable articles which are not suitably packaged to withstand ordinary handling. I. Responsibility: PenAir assumes responsibility only for those claims arising from the transportation of baggage over its own routes. PenAir assumes no responsibility for property damage or loss resulting from customer security screening or incurred in customer waiting rooms or concourses or for property not checked into PenAir custody. All claims are subject to proof of value and loss. J. Initial Notification: Loss or damage to baggage must be reported to the local PenAir Baggage Service Office within four hours of arrival. Pilferage must be reported within 24 hours of arrival. K. Delivery: If PenAir fails to return checked baggage upon, arrival at the destination, every effort will be made to return the checked baggage within 24 hours of the customer's arrival at the destination airport, except that baggage will not be delivered to a residence after midnight unless specifically requested, but instead will be delivered the following day. L. Information on PenAir policy on delayed baggage return is available from any authorized PenAir representative or on the PenAir web site 16